Supreme Court Upholds AFT’s Power to Modify Court-Martial Findings, Mitigate Punishment

The Supreme Court on October 10 held that the Armed Forces Tribunal (AFT) is empowered under Section 15(6) of the Armed Forces Tribunal Act, 2007, to substitute court-martial findings and mitigate sentences if convictions or punishments are excessive, illegal, or unjust.

The Court observed that the Tribunal acted proportionately and within statutory bounds, noting that Section 15(6) is akin to Section 222 CrPC, which permits conviction for a lesser or cognate offence.

The judgment confirmed that the Armed Forces Tribunal can balance disciplinary needs of service with fairness to individuals without exceeding its statutory authority.

Subsequently, the Court dismissed the appeal

[S.K. Jain v Union of India & Anr.]